Build America Buy America

The Build America Buy America Act, enacted as part of the Infrastructure Investment and Jobs Act on November 15, 2021, established a domestic content procurement preference for all Federal financial assistance obligated for infrastructure projects after May 14, 2022.  The domestic content procurement preference requires that all iron, steel, manufactured products, and construction materials used in covered infrastructure projects are produced in the United States.

BABA Webpages of Interest

• For general Made in America questions, to include the differences between Buy American and Buy America, visit the Made in America Office (MIAO) webpage:  Frequently Asked Questions (FAQs) 
• For 2 CFR part 184, visit the eCFR webpage: Buy America Preferences for Infrastructure Projects
• Copies of OMB memos M-24-02 and M-22-11 as well as a BABA Factsheet and FAQs for award recipients, visit the White House Made in America webpage: OMB Memos M-24-02 and M-22-11 as well as BABA Factsheet and FAQs for Award Recipients
• For BABA Final Guidance FAQs and Key Provisions visit The White House Blogs webpage: Biden-Harris Administration Releases Final Guidance to Bolster American-Made Goods in Federal Infrastructure Projects | OMB | The White House

NIST/MEP Supplier Scouting Services: In order to help federal agencies meet their BABA requirements, the U.S. Department of Commerce, National Institute for Standards and Technology (NIST), Hollings Manufacturing Extension Partnership (MEP) National Network™ connects U.S. manufacturers that have relevant production capabilities and capacities with additional manufacturers and stakeholders – enabling them to fulfill current market and supply chain needs.  Click here for further information on the NIST/MEP supplier scouting services.

Below is a list of all pending and approved DOC BABA Waivers:

Proposed Waivers Open for Public Comment

Proposed Waivers Closed for Public Comment

• Department of Commerce General Applicability Public Interest Tribal Consultation Waiver for Financial Assistance Agreements to Indian Tribes (This public comment period closed on Friday, March 29, 2024)
• Economic Development Administration Proposed Nonavailability Waiver for Dissolved Air Flotation Units for the City and Borough of Wrangell Water Treatment Plant Improvement Project  (This public comment period closed on April 16, 2024)

Approved Waivers

• National Telecommunications and Information Administration Limited General Applicability Nonavailability Waiver of the Buy America Domestic Content Procurement Preference as Applied to Recipients of Broadband Equity, Access, and Deployment Program
  • Build America, Buy America Act Frequently Asked Questions (FAQ) Related to the Broadband Equity, Access, and Deployment (BEAD) Program

• Economic Development Administration Buy America Projects Planned Prior to the Implementation Date of Build America, Buy America on May 14, 2022
• National Telecommunications and Information Administration Limited Applicability Nonavailability Waiver of the Buy America Domestic Content Procurement Preference as Applied to Recipients of Middle Mile Grant Program Awards
• NTIA Limited General Applicability Public Interest (Tribal Broadband Connectivity Infrastructure)
• Department of Commerce Department-wide Public Interest Waivers for De Minimis Infrastructure Project Purchases, Small Grants, and Minor Components within Iron and Steel Products
• Department of Commerce Temporary General Applicability Public Interest Waiver for Federal Financial Assistance Awarded for Infrastructure Projects Located in the U.S. Pacific Island Territories of the Commonwealth of Northern Mariana Islands (CNMI), Guam, and American Samoa, Collectively Referred to as Pacific Island Territories

Approved Waivers - Now Expired

• National Telecommunications and Information Administration Six-Month Adjustment Period Public Interest General Applicability Waiver, Excepting Fiber Optic Glass and Fiber Optic Cable, of the Buy America Domestic Content Procurement Preference for Recipients of Connecting Minority Communities Pilot Program Awards
• EDA Adjustment Period

Denied Waivers